Chicago Criminal Defense Lawyer Wins Cases
MOTION TO REDUCE GRANTED – CLASS X FELONY NARCOTIC SITUATION REJECTED
When cops go into someone’s residence without a search warrant, the presumption is that such an entry is unlawful. Under most conditions, any kind of evidence confiscated as a result of that sort of access will be “suppressed”. That generally implies that the case cannot be prosecuted further and also will certainly be dismissed said Robert Callahan – attorney Chicago IL
In a current instance, the Supreme Court detailed exactly how the Constitution protects every U.S. citizen from unlawful searches as well as seizures. The court stated: “The chief wickedness against which the Fourth Amendment is directed is physical access into the house.” Click here for more information about criminal defense
Our newest dismissal is an archetype of how hefty handed search techniques by authorities could occasionally backfire on them. A big amount of cocaine, ecstasy and marijuana were all ruled inadmissible as a result of a warrantless access into an apartment or condo. Call Robert J. Callahan – a lawyers in Chicago
Last year authorities reacted to a noise problem at a home on the north side of Chicago. It was obvious that a party was taking place when the officers knocked on the door. When NT answered the door, police officers could scent a strong odor of melting marijuana coming from inside. They asked NT to transform the music down, as well as he said he would instantly. NT then attempted to close the door. One of the policemans stuck his foot in the door, and also forced his method into the apartment or condo. Inside they recuperated over 200 ecstasy pills, several extra pounds of marijuana, as well as over 50 grams of drug from NT’s pocket.
We filed a movement to suppress evidence as well as the court performed a hearing in May 2017.
During the hearing, the policeman testified that he never placed his first step. He said that after smelling marijuana, he merely “jabbed his head inside” and also gazed down the hall. He declared he then saw several mason jars consisting of cannabis. Because of this, he put NT under arrest and looked the apartment.
It is not uncommon for policemans to lessen misbehavior or perhaps lie to attempt to legitimize a negative (unconstitutional) apprehension. With great preparation, research, as well as sound interrogation, we could generally defeat such behavior, which’s just what occurred here.
The court agreed with our evaluation of the Constitutional legislation. We suggested that also “jabbing your head inside” was a violation versus the 4th modification as well as NT’s rights. The court subdued all the confiscated proof and also the instance was disregarded.